1:18-cv-01847 - NEC Corp v. MC Assembly LLC et al.

Detail

Case Number

1:18-cv-01847

Current Status

closed

Cause of Action

Infringement

Related Case(s)

1:18-cv-00608

Court

Delaware District Court

Plaintiff(s)

NEC Corp

Operating Company

Defendant(s)

MC Assembly LLC

Xtera Inc

Judge

Richard G. Andrews

Filing Date

2018-11-21

Termination Date

2020-01-06

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
Summons Issued with Magistrate Consent Notice attached as to MC Assembly LLC on 11/21/2018; Xtera, Inc. on 11/21/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg) (Entered: 11/21/2018)
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against MC Assembly LLC, Xtera, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2509462.) - filed by NEC Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Civil Cover Sheet)(nmg) (Entered: 11/21/2018)
Joint Claim Construction Chart, by NEC Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Golden, Ronald) Modified on 10/8/2019 (nms). (Entered: 10/04/2019)
STIPULATION of Dismissal by NEC Corporation. (Attachments: # 1 Text of Proposed Order)(Golden, Ronald) (Entered: 01/06/2020)
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 11/21/2018)
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,739,727; US 6,941,075; US 8,798,473; US 9,246,599. (nmg) (Entered: 11/21/2018)
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by NEC Corporation. (nmg) (Entered: 11/21/2018)
SUMMONS Returned Executed by NEC Corporation. MC Assembly LLC served on 11/21/2018, answer due 12/12/2018. (McCann, Douglas) (Entered: 11/28/2018)
SUMMONS Returned Executed by NEC Corporation. Xtera, Inc. served on 11/21/2018, answer due 12/12/2018. (McCann, Douglas) (Entered: 11/28/2018)
STIPULATION and Proposed Order to extend time to move, plead or otherwise respond to the Complaint to January 11, 2019 - filed by MC Assembly LLC, Xtera, Inc.. (Shaw, John) Modified on 12/11/2018 (nms). (Entered: 12/11/2018)
ANSWER to 1 Complaint,, with JURY DEMAND by Xtera, Inc..(Shaw, John) (Entered: 01/11/2019)
Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Xtera Holdings Limited for Xtera, Inc. filed by Xtera, Inc.. (Shaw, John) (Entered: 01/11/2019)
ANSWER to 1 Complaint, with JURY DEMAND, by MC Assembly LLC.(Shaw, John) Modified on 1/11/2019 (nms). (Entered: 01/11/2019)
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent SMTC Corporation, Other Affiliate MC Test Services, Inc. for MC Assembly LLC filed by MC Assembly LLC. (Shaw, John) (Entered: 01/11/2019)
Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 2/26/2019, at 10:00 AM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 1/16/2019. (nms) (Entered: 01/16/2019)
Letter to Honorable Richard G. Andrews from Douglas E. McCann regarding Stay and consolidation. (McCann, Douglas) (Entered: 02/11/2019)
PROPOSED Scheduling Order, by NEC Corporation. (Golden, Ronald) Modified on 2/25/2019 (nms). (Entered: 02/22/2019)
MOTION for Pro Hac Vice Appearance of Attorney Timothy W. Riffe, Richard A. Sterba, Daniel A. Tishman, Min Woo Park and R. Andrew Schwentker - filed by NEC Corporation. (Golden, Ronald) (Entered: 02/25/2019)
MOTION for Pro Hac Vice Appearance of Attorney Bryan Basso - filed by NEC Corporation. (Golden, Ronald) (Entered: 03/06/2019)
MOTION for Pro Hac Vice Appearance of Attorney John-Paul Fryckman - filed by NEC Corporation. (Golden, Ronald) (Entered: 03/08/2019)
PROPOSED Scheduling Order, by NEC Corporation. (Golden, Ronald) Modified on 3/12/2019 (nms). (Entered: 03/12/2019)
Official Transcript of Scheduling Conference held on 2/26/19 before Judge Richard G. Andrews. Court Reporter/Transcriber Heather Triozzi,Telephone number 302-573-6195. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/2/2019. Redacted Transcript Deadline set for 4/12/2019. Release of Transcript Restriction set for 6/10/2019. (Triozzi, Heather) (Entered: 03/12/2019)
MOTION for Pro Hac Vice Appearance of Attorney John-Paul Fryckman - filed by NEC Corporation. (Golden, Ronald) (Entered: 03/12/2019)
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 12/19/2019. Amended Pleadings due by 12/19/2019. Discovery due by 3/16/2020. Dispositive Motions due by 7/1/2020. Joint Claim Construction Brief due by 11/26/2019. A Markman Hearing is set for 1/3/2020, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 11/25/2020, at 9:00 AM in Courtroom 6A. A 5 day Jury Trial is set to start 12/7/2020, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 3/13/2019. (nms) (Entered: 03/13/2019)
STIPULATION TO EXTEND TIME for Parties to file their Joint Proposed Protective Order to April 8, 2019 - filed by NEC Corporation. (Golden, Ronald) (Entered: 04/03/2019)
NOTICE OF SERVICE of Plaintiff NEC Corporations Initial Disclosures and ESI Disclosures filed by NEC Corporation.(Golden, Ronald) (Entered: 04/04/2019)
NOTICE OF SERVICE of (1) Defendants Initial Disclosures Pursuant to Rule 26(a)(1) and Paragraph 3 of the Default Standard for Discovery filed by MC Assembly LLC, Xtera, Inc..(Shaw, John) (Entered: 04/04/2019)
PROPOSED Stipulated Protective Order Governing Confidentiality, by NEC Corporation. (Golden, Ronald) Modified on 4/9/2019 (nms). (Entered: 04/08/2019)
SO ORDERED Granting 26 Stipulated Protective Order Governing Confidentiality. Signed by Judge Richard G. Andrews on 4/9/2019. (nms) (Entered: 04/09/2019)
STIPULATION and Protocol Regarding Discovery of Electronically Stored Information and Hard Copy Documents by NEC Corporation. (Golden, Ronald) (Entered: 05/01/2019)
NOTICE OF SERVICE of NEC Corporations Identification of Accused Products, Asserted Patents, and Prosecution File Histories filed by NEC Corporation.(Golden, Ronald) (Entered: 05/02/2019)
SO ORDERED Granting 28 Stipulation and Protocol Regarding Discovery of Electronically Stored Information and Hard Copy Documents. Signed by Judge Richard G. Andrews on 5/2/2019. (nms) (Entered: 05/02/2019)
NOTICE OF SERVICE of 1) Defendants Objections and Responses to Plaintiffs Interrogatories, Set One 2) Defendants Objections and Responses to Plaintiffs Request for Production, Set One filed by MC Assembly LLC, Xtera, Inc..(Shaw, John) (Entered: 05/28/2019)
NOTICE OF SERVICE of 1. Defendants Notice of Deposition to Hiroaka Murikami, 2. Defendants Notice of Deposition to Wakako Yasudo, 3. Defendants Notice of Deposition to Yoshirou Satou, 4. Defendants Notice of Deposition to Yukio Michishita, 5. Defendants Notice of Deposition to Takanori Inoue, 6. Defendants Notice of Deposition to Junichi Abe, 7. Defendants Notice of Deposition to Kayato Sekiya, and 8. Defendants Notice of Deposition to Kiyoshi Fukuchi filed by MC Assembly LLC, Xtera, Inc..(Hoeschen, Nathan) (Entered: 07/08/2019)
NOTICE OF SERVICE of Defendants First Supplemental Objections and Responses to Plaintiffs Interrogatories, Set One (No. 2) filed by MC Assembly LLC, Xtera, Inc..(Hoeschen, Nathan) (Entered: 07/08/2019)
MOTION for Pro Hac Vice Appearance of Attorney Matthew Mosteller and Meghana RaoRane - filed by NEC Corporation. (Golden, Ronald) (Entered: 07/31/2019)
NOTICE OF SERVICE of Subpoena for Documents and Testimony to Acacia Communications and Lumentum Holdings Inc. filed by NEC Corporation.(Golden, Ronald) (Entered: 08/01/2019)
NOTICE OF SERVICE of Plaintiff NEC Corporations Initial Infringement Claim Charts for U.S. Patent Nos. 6,739,727; 6,941,075; 8,798,473; 9,246,599; 8,244,131 filed by NEC Corporation.(Golden, Ronald) (Entered: 08/01/2019)
MOTION for Pro Hac Vice Appearance of Attorney Yar R. Chaikovsky and Philip Ou - filed by MC Assembly LLC, Xtera, Inc.. (Shaw, John) (Entered: 10/09/2019)
NOTICE OF SERVICE of Plaintiff NEC Corporations Objections and Responses to Defendants First Set of Interrogatories (Nos. 1-13) and Plaintiff NEC Corporations Second Set of Interrogatories to Defendants filed by NEC Corporation.(Golden, Ronald) (Entered: 10/18/2019)
NOTICE OF SERVICE of 1) Defendants First Notice of Deposition of NEC Corporation 2) Defendants Notice of Deposition to Hirotake Konda filed by MC Assembly LLC, Xtera, Inc..(Shaw, John) (Entered: 10/21/2019)
STIPULATION TO EXTEND TIME to serve Defendants Answering Claim Construction Brief and Plaintiffs Reply Claim Construction Brief to October 28, 2019 and November 14, 2019 - filed by MC Assembly LLC, Xtera, Inc.. (Russell, Andrew) (Entered: 10/23/2019)
[SEALED] STIPULATION to Stay, by NEC Corporation. (Golden, Ronald) Modified on 10/28/2019 (nms). (Entered: 10/28/2019)
REDACTED VERSION of 42 Stipulation to Stay, by NEC Corporation. (Golden, Ronald) Modified on 10/30/2019 (nms). (Entered: 10/30/2019)
[SEALED] ORDER Granting 42 Sealed Stipulation to Stay. Signed by Judge Richard G. Andrews on 10/31/2019.This order has been emailed to local counsel. (nms) (Entered: 10/31/2019)
[SEALED] Joint STIPULATION to Extend Stay, by NEC Corporation. (Golden, Ronald) Modified on 12/2/2019 (nms). (Entered: 12/02/2019)
[SEALED] ORDER Granting 45 Sealed Joint Stipulation to Extend Stay. Signed by Judge Richard G. Andrews on 12/2/2019.This order has been emailed to local counsel. (nms) (Entered: 12/02/2019)
REDACTED VERSION of 45 Stipulation to Extend Stay, by NEC Corporation. (Golden, Ronald) Modified on 12/6/2019 (nms). (Entered: 12/06/2019)
SO ORDERED Granting 48 Stipulation of Dismissal (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 1/6/2020. (nms) (Entered: 01/06/2020)
Timeline
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Patents In Case

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